The ramifications of the Supreme Court's verdict declaring instant triple talaq as unconstitutional will have a bearing on all pending cases in different courts where Muslim women have challenged divorce given to them under talaq-e-biddat (instant divorce) and their marital status is likely to be restored.
Legal experts said all pending cases would be decided according to the law laid down by the apex court in its judgment and all such talaq cases will have to be declared invalid.
Senior advocate and former Jharkhand high court judge Justice Ajit Sinha said the order was binding on all courts according to Article 141 of the Constitution. All pending cases will now have to be decided according to the law pronounced by the apex court.
“There is no question of other courts having to examine the validity of triple talaq now after the SC verdict and so all cases will go,“ Sinha said.
Former Patna high court judge Justice Nagendra Rai agreed with Sinha and said there was no triple talaq in In dia and trial courts and HC would follow the verdict. Thi means quashing of cases re lating to triple talaq challeng ed by aggrieved women.
A five-judge constitution bench by 3:2 majority declared the practice of instant triple talaq as unconstitutional and arbitrary . The majority verdict said instant talaq was bad in law as a marital tie could be broken capriciously and whimsically by a Muslim man without any attempt a reconciliation as set out i other forms of talaq.